| In the case where you are considering | | | | spouses meet certain requirements for |
| divorce, almost regardless of the | | | | eligibility, or can agree on important |
| reasons behind your decision, it is | | | | issues beforehand like if it was a |
| important that you be aware of just what | | | | marriage lasting under 5 years, there |
| is involved in obtaining a divorce in | | | | were no children (or, in some states, |
| the US. | | | | the couple have resolved custody and set |
| In general, the laws of each state set | | | | payments for child support), there was |
| out specific reasons for a divorce which | | | | minimal or no real property (there was |
| have to be proven before the court is | | | | no mortgage on a house or condo), the |
| allowed to grant it. This can be under a | | | | property owned by the married couple is |
| no-fault heading, an all-fault heading, | | | | under a threshold (around $35,000, not |
| and a summary heading. In recent years | | | | including vehicles), and the personal |
| some less adversarial ways to approach | | | | property of each spouse is under a set |
| to divorce settlements have emerged, | | | | threshold (typically the same amount as |
| like mediation and collaborative | | | | marital property). A simple divorce |
| divorce, to negotiate mutually | | | | where both couples agree on how the |
| acceptable resolutions to conflicts for | | | | divorce should be handled and assets |
| a couple. | | | | divided is also known as an uncontested |
| At-fault divorces were originally the | | | | divorce. |
| only way to dissolve a marriage, and | | | | It is estimated that in the US upwards |
| people who had differences or problems | | | | of 95% of all divorces are uncontested, |
| were only able to separate, and were | | | | since the two parties are able to come |
| prevented from legally remarrying | | | | to an agreement (with or without lawyers |
| afterward. The state of New York is the | | | | mediators) about the property, children |
| only one which still requires fault to | | | | and support issues. When the parties |
| obtain a divorce. In an at-fault | | | | are able to agree and present the court |
| divorce, one party usually brings | | | | with a fair and equitable agreement, |
| divorce proceedings against the other | | | | approval of the divorce is almost |
| due to some breech of marriage | | | | certain. In the case where the two |
| regulations like adultery, abandonment | | | | partners cannot come to an agreement, |
| or cruelty. | | | | they may ask the court to decide how to |
| Comparative rectitude is the name given | | | | fairly split property, deal with |
| to a doctrine used to determine which | | | | children and custody issues, and so |
| spouse is more at fault in divorce | | | | forth. |
| proceedings when both spouses are found | | | | Residency requirements to file for a |
| to be guilty of breaches. This kind of | | | | divorce vary from state to state. In |
| divorce can affect the distribution of | | | | some states, like Colorado, residency |
| property, and will allow an immediate | | | | requirements are very liberal to |
| divorce, especially in states where | | | | accommodate military personnel who have |
| there is a waiting period required to | | | | to move often for tours of duty, while |
| obtain a no-fault divorce. A defense | | | | other states, like New York, require |
| for this type of divorce can turn out to | | | | that you live in them for a minimum of a |
| be expensive and is not usually | | | | year with the intention of making this |
| practical since most divorces are | | | | your permanent state of residence. A |
| eventually granted anyway, especially | | | | spouse may separate, move to a state |
| when a society comparable to that in the | | | | with divorce laws of their choice, |
| US is not interested in forcing people | | | | establish residency, and file. However, |
| to remain married any longer. Remember, | | | | this typically does not change the state |
| marriage in the US also has legal | | | | in which property and other issues are |
| ramifications, so if you do not want to | | | | decided, and it is possible for a court |
| be married anymore, you need to get | | | | to decide not to hear a petition for |
| divorced, it is much more than simply | | | | divorce if it decides that it does not |
| taking the mental attitude of no longer | | | | have legal jurisdiction to do so based |
| being married. | | | | on residency issues. |
| Under a no-fault divorce set of rules, a | | | | A final consideration to be made when |
| marriage partner does not need to show | | | | considering where/if to file for divorce |
| that the other marriage partner did | | | | is the laws concerning the distribution |
| anything, or was at fault in order to | | | | of property and division of assets. |
| obtain a divorce. Many common reasons | | | | States like Alabama are considered to be |
| for no-fault divorce can be | | | | an "equitable distribution" state which |
| incompatibility, irreconcilable | | | | means that all property acquired during |
| differences, and irremediable breakdown | | | | the marriage is divided equally among |
| of the marriage. In the United States, | | | | the two parties. In other states, like |
| currently 49 states have adopted | | | | California, assets can be awarded to a |
| no-fault divorce laws. | | | | spouse from the other based on economic |
| In states that grant no-fault divorces, | | | | need, and in still others, like Alaska, |
| there may be a waiting period of up to a | | | | even though it is an equitable |
| year before the divorce is considered | | | | distribution state, in some |
| final. Other requirements include | | | | jurisdictions in the state, women have |
| mandatory counseling to see if | | | | little or no rights to marital property. |
| reconciliation can be achieved if one | | | | In some states, alimony is awarded to |
| party does not agree to the divorce, | | | | the stay-at-home spouse, where in |
| either dependent on an amount of time | | | | others, alimony is paid by the spouse |
| set by the court, or for a predetermined | | | | making the most to the spouse making the |
| amount before the divorce may even be | | | | least, despite the one needing to get |
| applied for, | | | | child support because they have actual |
| A summary (or simple) divorce, available | | | | custody. |
| in some jurisdictions, is used when | | | | |